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36/2017 Zakon o ratifikaciji Dodatnega protokola h Konvenciji o pogodbi za mednarodni cestni prevoz blaga (CMR) v zvezi z elektronskim tovornim listom (MDPMCPB), velja od 24.6.2017

24.6.2017, Vir: Uradni list RSČas branja: 21 minut

1. člen

Ratificira se Dodatni protokol h Konvenciji o pogodbi za mednarodni cestni prevoz blaga (CMR) v zvezi z elektronskim tovornim listom, sklenjen v Ženevi 20. februarja 2008.

2. člen 

Besedilo dodatnega protokola se v angleškem izvirniku in slovenskem prevodu glasi:

ADDITIONAL PROTOCOL TO THE CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR) CONCERNING THE ELECTRONIC CONSIGNMENT NOTE 

The Parties to this Protocol, 

Being Parties to the Convention on the Contract for the International Carriage of Goods by Road (CMR), done at Geneva on 19 May 1956,

Desirous of supplementing the Convention in order to facilitate the optional making out of the consignment note by means of procedures used for the electronic recording and handling of data,

Have agreed as follows:

Article 1 

Definitions 

For the purposes of this Protocol,

“Convention” means the Convention on the Contract for the International Carriage of Goods by Road (CMR);

“Electronic communication” means information generated, sent, received or stored by electronic, optical, digital or similar means with the result that the information communicated is accessible so as to be usable for subsequent reference;

“Electronic consignment note” means a consignment note issued by electronic communication by the carrier, the sender or any other party interested in the performance of a contract of carriage to which the Convention applies, including particulars logically associated with the electronic communication by attachments or otherwise linked to the electronic communication contemporaneously with or subsequent to its issue, so as to become part of the electronic consignment note;

“Electronic signature” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.

Article 2 

Scope and effect of the electronic consignment note 

1. Subject to the provisions of this Protocol, the consignment note referred to in the Convention, as well as any demand, declaration, instruction, request, reservation or other communication relating to the performance of a contract of carriage to which the Convention applies, may be made out by electronic communication.

2. An electronic consignment note that complies with the provisions of this Protocol shall be considered to be equivalent to the consignment note referred to in the Convention and shall therefore have the same evidentiary value and produce the same effects as that consignment note.

Article 3 

Authentication of the electronic consignment note 

1. The electronic consignment note shall be authenticated by the parties to the contract of carriage by means of a reliable electronic signature that ensures its link with the electronic consignment note. The reliability of an electronic signature method is presumed, unless otherwise proved, if the electronic signature:

(a) is uniquely linked to the signatory;

(b) is capable of identifying the signatory;

(c) is created using means that the signatory can maintain under his sole control; and

(d) is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable.

2. The electronic consignment note may also be authenticated by any other electronic authentication method permitted by the law of the country in which the electronic consignment note has been made out.

3. The particulars contained in the electronic consignment note shall be accessible to any party entitled thereto.

Article 4 

Conditions for the establishment of the electronic consignment note 

1. The electronic consignment note shall contain the same particulars as the consignment note referred to in the Convention.

2. The procedure used to issue the electronic consignment note shall ensure the integrity of the particulars contained therein from the time when it was first generated in its final form. There is integrity when the particulars have remained complete and unaltered, apart from any addition or change which arises in the normal…

 
 
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